Codicils & Supplements to Wills

Question 1

What are the Requirements for incorporation by reference of a document to a will

Answer 1

(i) The document must be in existence at the time the will was executed
(ii) The language of the will must sufficiently describe the writing to permit its identification, and
(iii) The will must manifest an intention to incorporate the document.

Question 2

Does the word “republish my will” in a codicil mean the same as incorporate?

Answer 2

Probably not, not without the other factors of incorporation present.

Question 3

Can a codicil republish a will that was not first validly executed?

Answer 3

no, probably not.

Question 4

What are the requirements for a document to be incorporated by reference in a will?

Answer 4

document may be incorporated by reference into a will,
provided:
(i) The will manifests an intent to incorporate the document

(ii) The document is in existence at the time the will is exe
cuted (except under the UPC, lists of tangible personal property can be created and altered after execution of the will)
and
(iii) The document is sufficiently described in the will

Question 5

What is an act of independent significance?

Answer 5

An act or fact of independent significance is something
outside of a will which has a purpose other than disposing
of property at death
EXAMPLE: Testatrix’s will provides, “I leave the contents of my safe deposit
box Number 657 at New York State Bank to Tony Stark.” Even though Testatrix may change the contents of the box at any time after will execution, Tony will receive the contents of the box even if Testatrix does not execute a new will after changing
the
contents because the safe deposit box is a fact of independent
significance.